Monthly Archives: November 2024

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15 October 2024 Post 

Office of Auditor General & LG credit cards, gifts and roads

OAG upcoming local government audits reports on LG Performance need your input

Email your concerns and stories to OAG at have your say

Purchasing Cards: are there effective controls of issue, use, cancellation

Gifts and Benefits: policy and regulation compliance, records, appropriate accepting and declining, management of arising conflicts of interest

https://audit.wa.gov.au/audit-program/audits-in-progress/

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16 October 2024 Post

Victorian IBAC (WA CCC equivalent) Operation Leo

Operation Leo showed Councillors (EMs) at Moonee Valley Council (MVC) sought to influence MVCC decisions, sought preferential outcomes to benefit their personal relationships and interests, especially in relation to a sporting club.

In response to LG corruption vulnerabilities, shown in Operation Sandon and Operation Leo, IBAC recommended,

  • mandatory training for EMs), which includes training on governance, leadership, and integrity
  • uniform mandatory code of conduct for all EMs
  • tightening regulation of pre-council meetings, prohibiting ‘en-bloc’ or collective voting where multiple agenda items are voted on at the same time
  • improved record-keeping of meetings
  • tightening governance of conflicts of interest including improving transparency of conflict of interest disclosures
  • prohibiting conflicted EMs from attempting to influence other councillors
  • strengthening complaints processes, ensuring any sanctions for misconduct are adequate, transparent
  • separation between the duties and powers of EMs and employees to promote confidence in the impartiality and rigour of employee’s advice, recommendations
  • community should be able to clearly see how, why a decision was made, what information, advice and consultation council considered, which legislative requirements (when relevant) council followed
  • include in EM Model Code of Conduct clear expectation that EMs report suspected corrupt conduct; includes guidance on how EMs should report such conduct, including how to ensure compliance with the Public Interest Disclosures Act

IBAC Operation Leo special report – October 2024.PDF

In WA, we have most of what IBAC recommended but have not seen any noticeable improvements. Each Council can adopt proposed changes not operative in WA.

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17 October 2024 Post 

Grey Corruption of WA Development Assessment SEEDS Rot of Local Amenity

Planning Scheme Regs requires Local Planning Strategy (Strategy) and Planning Act requires Local Planning Scheme (Scheme) for each LG.

GREY CORRUPTION is legislated/lawful corruption.

  1. WAPC can approve, amend or refuse Strategy adopted by Council and Planning Minister (being member of a party that receives donations from property developers) can refuse, amend or endorse Scheme adopted by Council.
  2. The Strategy must be adopted in compliance with Planning Scheme Regs requirements and must precede or be prepared concurrently with Scheme and on which the Scheme must be based.
  3. The Strategy is the Policy on which the Scheme is based but is not binding on decision makers unless it is in a binding Scheme requirement.
  4. Planning Regs (made by Governor on recommendation of LG Minister – being member of a party that receives donations from property developers) provide mandatory model Local Planning Scheme, which LGS must use but which can be added to but cannot be departed from.
  5. Schemes have black and white requirements and in between are discretionary decisions.
  6. Discretionary decisions foster grey and direct corruption, which is where deteriorating amenity of your local area Rot starts.
  7. The Rot is fostered by the absence in WA  of  neighbour (third party) merits review of development approvals that harm them (WA only state or territory without them), where each political party receives donations from property developers who di not want TPMARs
  8. The Scheme is binding subsidiary legislation.
  9. The Planning Minister can change a Scheme/all schemes without consent of Council/Councils against which there is no appeal or review right, and Minister has complete control of all zoning decisions.
  10. The Planning Minister (being member of a party that receives donations from property developers)  and parliament decide which development decisions have to be decided by SDAU, DAP and who sits on those bodies.
  11. The Planning Minister (being member of a party that receives donations from property developers) regulates many of the development costs incurred by LGs, which are often below actual cost of delivery of an assessment service, which difference the ratepayers pay.
  12. Departure from legal requirements of Planning Act or Scheme in any DEVELOPMENT DECISION can be taken to the Supreme Court by affected third parties.
  13. Affected third parties CANNOT seek review in State Administrative Tribunal (SAT) of the merits of a development APPROVAL, which is an unmeritorious departure from a state or local planning policy, which harms the neighbour.
  14. Developers in receipt of a development REFUSAL CAN seek merits review in SAT.
  15. SAT members are appointed by the government and those who review development decisions are not necessarily legally qualified.
  16. Absence of third party (neighbour) merits review rights are legislated grey corruption.
  17. Liberal, National and Labor parties receive political donations from property developers.
  18. Liberal, National and Labor parties do not support third party (neighbour) merits review rights.

#planninganddevelopment #greycorruption #development corruption

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18 October 2024 Post

LG Tree Local Planning Policy

All LGs wanting to preserve and enhance their urban tree canopy for climate change adaptation, our native fauna, human health and safety, and to increase property values will:

  1. Adopt a tree protection local planning policy (which sets Council’s strategic position, is not binding on decision makers but informs local laws and scheme amendments to make tree protection binding), and then
  2. Make appropriate budget allocations for tree protection and preservation;  and then
  3. Make a Local Law to protect trees on local government property (including verges), and then
  4. Make an amendment to their planning scheme to make significant tree protection on private property binding (which the planning minister may reject, as he did in Nedlands, but sends strong message to state government if enough councils do this).

LGEMA Urban Tree Canopy Law and Policy Reform

A stepped program for Elected Members and community members aspiring to protect and enhance the urban tree canopy here

 

Domestic Cat Containment

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Councils’ powers to enact local laws to contain domestic pet cats are found in:

  • their inherent LG Act power to make local laws that are necessary or convenient to perform any LG function, which is in addition to any other Act authorising the local law
  • the Cat Act (notwithstanding the Joint Standing Committee on Delegated Legislation’s (JSCDL) error of law in holding that the Cat Act does not authorise cat containment)
  • the Public Health Act (to protect human health from cat faeces, scratches, bites)
  • the Animal Welfare Act (to protect domestic pet cats from attacks by other roaming pet cats).

Councils do not need authority of the Cat Act to make a domestic cat containment local  law (although Cat Act does authorise pet cat containment local laws).

The JSCDL unreasonably keeps disallowing domestic cat containment local laws members are MPS who can be lobbied and are currently:

Chair: Ms Emily Hamilton MLA
Deputy Chair: Hon. Robin Chapple MLC
Members: Kyran O’Donnell MLC, Robyn Clarke MLA, David Honey MLA, Matthew Swinbourn MLC, Martin Pritchard MLC, Robin Scott MLC

Read LGEMA’s Cat Containment Policy here